M LUKMAN HAKEEM Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) THE petitioner filed Original Application in O. A. No. 4887 of 2001 before the Tamil Nadu Administrative Tribunal; consequent to its abolition, the said original Application was transferred to this court and re-numbered as W. P. 4648 of 2006, to call for the entire records connected with the impugned order of the first respondent bearing No. 66886/e2 (4)/2000 dated 27. 12. 2000, confirming the order of dismissal of the applicant from service passed by the second respondent in his proceedings No. CC1/16343/91 dated 6. 3. 1992 and quash the same and direct the respondents to reinstate the applicant in the respondents service with continuity of service and back wages and all other attendant benefits.

(2.) HEARD both sides.

(3.) THE nutshell facts which are absolutely necessary and germane for the disposal of this writ petition would run thus: the petitioner herein was working as Grade-II Police Constable in the prison Department. While so, he applied for medical leave from 09. 09. 1991 to 30. 09. 19991 and subsequently, it got extended from 01. 10. 1991 to 30. 10. 1991 and from 01. 11. 1991 to 30. 11. 1991. Thereafter, no communication from him, which necessitated his superior authority to issue the proceedings dated 03. 01. 1992 informing him that his name was removed as deserter on 01. 12. 1991. In the said communication, the Superintendent also highlighted that within sixty days, if no communication is received from the petitioner, then further action would be taken as against him.